Section 702 Legislative Analysis

Congress faces a deadline of December 31, when the main authority for NSA’s mass surveillance programs, Section 702 of the FISA Amendments Act of 2008, expires. This provision retroactively legalized President Bush’s illegal mass surveillance, with few limitations. Three bills have been introduced to renew and reform this authority in varying degrees.
  1. The Senate Intelligence Committee leadership’s “FISA Amendments Reauthorization Act” would renew Section 702 for eight years, explicitly codifies the use of intelligence data for domestic surveillance and to investigate domestic crimes unrelated to terrorism, and is being debated in secret.
    • RECOMMENDATION: KILL IT WITH FIRE
  2. The House Judiciary Committee leadership’s “USA Liberty Act” would improve the administration of the FISA Court but would renew Section 702 for 5.5 years without fixing the FBI backdoor searches problem, where the FBI uses searches of NSA data to get around the Fourth Amendment’s warrant requirement.
    • RECOMMENDATION: ALSO KILL WITH FIRE
  3. Now we come to the only realistic proposal on the table that would actually go a long way to fix the problems with Section 702 surveillance: Sen. Wyden’s and Sen. Paul’s just-introduced “USA RIGHTS Act.” It has also been introduced in the House by Rep. Zoe Lofgren (D-CA), Rep. Ted Poe (R-TX) and Rep. Beto O’Rourke (D-TX).

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